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CITY OF HAMMOND v. DOODY

No. 45A03-8904-CV-144.

553 N.E.2d 196 (1990)

The CITY OF HAMMOND, Indiana, an Indiana Municipal Corporation, Appellant (Defendant/Counter-Plaintiff below), v. Michael E. DOODY, d/b/a Flower Express, Appellee (Plaintiff/Counter-Defendant below).

Court of Appeals of Indiana, Third District.

April 26, 1990.

Attorney(s) appearing for the Case

Richard P. Komyatte, Komyatte & Freeland, P.C., Highland, Joseph O'Connor, Asst. City Atty., Hammond, for appellant.

Robert M. Karton, Robert M. Karton, Ltd., Chicago, Ill., David M. Hamacher, Ruman, Clements & Tobin, P.C., Hammond, for appellee.

HOFFMAN, Presiding Judge.

Defendant-appellant City of Hammond, Indiana appeals the trial court's judgment permanently enjoining the City of Hammond from enforcement of Ordinance 6045 against Michael E. Doody, d/b/a Flower Express.

The facts relevant to this appeal disclose that on April 28, 1987, the City of Hammond enacted Ordinance 6045 prohibiting outdoor retail sales in commercially zoned districts. Doody, who has an outdoor flower sales business, challenged...

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